Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Driving Licences (Community Driving Licence) Regulations 1996

As Enacted Cited in Amendments 58 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1996/1974
Year1996

1996 No. 1974

ROAD TRAFFIC

The Driving Licences (Community Driving Licence) Regulations 1996

Made 22th July 1996

Whereas both Houses of Parliament have approved a draft of this instrument, the Secretary of State for Transport, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the licensing of drivers of motor vehicles, in exercise of the powers conferred by that section, hereby makes the following Regulations—

S-1 These Regulations may be cited as the Driving Licences...

1.—(1) These Regulations may be cited as the Driving Licences (Community Driving Licence) Regulations 1996.

(2) These Regulations shall come into force—

(a)

(a) as to—

(i) paragraphs 2(5), 2(6), 2(8), 3(2), 17 and 35 of Schedule 1,

(ii) paragraph 2 of Schedule 3, and

(iii) so much of regulations 2 and 4 and the remainder of Schedules 1 and 3 as is necessary for to confer on the Secretary of State extended or modified powers to make such orders or regulations as are necessary for the purpose of complying with Council Directive 91/439/ EEC3and for ancillary purposes,

on the day after the day on which these Regulations are made;

(b)

(b) except as provided in sub-paragraph (a) above, on 1st January 1997.

S-2 The Road Traffic Act 1988 shall have effect with the...

2. The Road Traffic Act 19884shall have effect with the amendments set out in Schedule 1 to these Regulations.

S-3 The Road Traffic Offenders Act 1988 shall have effect with the...

3. The Road Traffic Offenders Act 19885shall have effect with the amendments set out in Schedule 2 to these Regulations.

S-4 The Transport Act 1985 shall have effect with the amendments...

4. The Transport Act 19856shall have effect with the amendments set out in Schedule 3 to these Regulations.

S-5 The enactments mentioned in Schedule 4 to these Regulations...

5. The enactments mentioned in Schedule 4 to these Regulations shall have effect with the amendments set out in that Schedule (being minor amendments consequential upon those set out in Schedules 1 and 2 to these Regulations).

S-6 The Motor Vehicles (International Circulation) Order 1975 ...

6. The Motor Vehicles (International Circulation) Order 19757shall have effect with the amendments set out in Schedule 5 to these Regulations.

Steven Norris

Parliamentary Under Secretary of State,

Department of Transport

22nd July 1996

SCHEDULE 1

Regulation 2

AMENDMENTS TO THE ROAD TRAFFIC ACT 1988

SCH-1.1

1.—(1) Section 88 (exceptions) shall be amended as follows.

(2) In subsection (1)(a)8after sub-paragraph (i) there shall be inserted—

“(ia)

“(ia) a Community licence to drive vehicles of that or a corresponding class, or”.

(3) In subsection (1B)9.

(a)

(a) after paragraph (a) there shall be inserted—

“(aa)

“(aa) in the case of an application made by virtue of subsection (1)(a)(ia) above, the disqualification subsists under or by virtue of any provision of the law of an EEA State (other than the United Kingdom) and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;”, and

(b)

(b) in paragraph (d), the words “member State or” shall be omitted.

(4) In subsection (7), in paragraph (a), for the words from “is licensed” to “this Act” there shall be substituted—

“(i)

“(i) is licensed in that behalf in accordance with the requirements of this Part and Part IV of this Act, or

(ii)

(ii) is authorised by virtue of section 99A(1) of this Act to drive in Great Britain such a motor vehicle,”.

SCH-1.2

2.—(1) Section 89 (tests of competence to drive) shall be amended as follows.

(2) In subsection (1)10—

(a)

(a) for “satisfies the Secretary of State” there shall be substituted “meets the relevant residence requirement and satisfies the Secretary of State”,

(b)

(b) in paragraph (c), the words “conducted under any relevant external law or” shall be omitted,

(c)

(c) in paragraph (e)—

(i) the words “of another member State or”, and

(ii) the words “or a designated country or territory”,

shall be omitted,

(d)

(d) after “or” at the end of that paragraph there shall be inserted—

“(ea)

“(ea) that either at the time of the application for the licence he holds a Community licence authorising the driving of vehicles of that or a corresponding class or at some time he has held such a Community licence; or”, and

(e)

(e) for paragraph (f) there shall be substituted—

“(f)

“(f) that, at the time of the application for the licence, he holds an exchangeable licence authorising the driving of vehicles of that or a corresponding class.”

(3) After that subsection there shall be inserted—

SCH-1.1A

“1A An applicant meets the relevant residence requirement referred to in subsection (1) above if on the date the application for the licence is made—

(a) in a case where he satisfies the Secretary of State in respect of paragraph (ea) of that subsection, he is normally resident in the United Kingdom or has been attending a course of study in the United Kingdom during the period of six months ending on that date;

(b) in a case where he satisfies the Secretary of State in respect of paragraph (f) of that subsection, he is normally resident in Great Britain but has not been so resident for more than the prescribed period; and

(c) in any other case, he is normally resident in Great Britain.”

(4) In subsection (2)11—

(a)

(a) for paragraph (a) there shall be substituted—

“(a)

“(a) a licence which has been revoked under section 99(3) of this Act or under any corresponding provision of—

(i) the law of Northern Ireland,

(ii) the relevant external law, or

(iii) the law of an EEA State other than the United Kingdom,

as a licence granted in error shall be disregarded for the purposes of paragraph (b), (d) or (ea) (as the case may be) of that subsection;”, and

(b)

(b) paragraph (b) shall be omitted.

(5) In subsection (4), after paragraph (a) there shall be inserted—

“(aa)

“(aa) for requiring a person submitting himself for a test to have been normally resident in Great Britain or the United Kingdom for such period ending on the date of his appointment for the test as may be prescribed,”.

(6) In subsection (7)12, in paragraph (a), after “group” there shall be inserted “(except where regulations otherwise provide)”.

(7) In subsection (8)13, the words “member State” shall be omitted.

(8) In subsection (9)14, in paragraph (a), after “if” there shall be inserted “(except where regulations otherwise provide)”.

(9) In subsection (10)—

(a)

(a) after “British Forces licence” there shall be inserted “, a Community licence”,

(b)

(b) after “(d)” there shall be inserted “, (ea)”, and

(c)

(c) at the beginning of paragraph (a) there shall be inserted “(except where regulations otherwise provide)”.

(10) In subsection (11), the words from the beginning to “licence and” shall be omitted.

SCH-1.3

3.—(1) Section 92 (requirements as to physical fitness of drivers) shall be amended as follows.

(2) In subsection (2), in the definition of “disability”, after “disease” there shall be inserted “and the persistent misuse of drugs or alcohol, whether or not such misuse amounts to dependency”.

(3) In subsection (6), in paragraph (a) for “who took the test” there shall be substituted “on whom the notice is served”.

(4) In subsection (7)15, for the words from “any licence” to “test shall be” there shall be substituted “the Secretary of State may grant to the person on whom the notice is served a licence”.

(5) After subsection (7C)16there shall be inserted—

SCH-1.7D

“7D In subsection (7B) above the references to section 94 of this Act include references to that section as applied by section 99D of this Act.”

SCH-1.4

4. In section 93 (revocation of licence because of disability or prospective disability), in subsection (1)(b), the words “or (7)” shall be omitted.

SCH-1.5

5.—(1) Section 94A (driving after refusal or revocation of licence)17shall be amended as follows.

(2) In subsection (1), for paragraphs (a) and (b) there shall be substituted—

“(a)

“(a) at any earlier time the Secretary of State—

(i) has in accordance with section 92(3) of this Act refused to grant such a licence,

(ii) has under section 93(1) or (2) of this Act revoked such a licence, or

(iii) has served notice on that person in pursuance of section 99C(1) or (2) of this Act requiring him to deliver to the Secretary of State a Community licence authorising him to drive a motor vehicle of that or a corresponding class, and

(b)

(b) since that earlier time he has not been granted—

(i) a licence under this Part of this Act, or

(ii) a Community licence,

authorising him to drive a motor vehicle of that or a corresponding class.”

SCH-1.6

6.—(1) Section 97 (grant of licences) shall be amended as follows.

(2) In subsection (1)18, for paragraph (c) there shall be substituted—

“(c)

“(c) surrenders to the Secretary of State—

(i) any previous licence granted to him after 1st January 1976 and its counterpart,

(ii) any Community licence and its counterpart (if any) issued to him, and

(iii) any British external licence or British Forces licence or exchangeable licence held by him,

or provides the Secretary of State with an explanation for not surrendering them which the Secretary of State considers adequate,”.

(3) In subsection (3)19—

(a)

(a) for paragraph (d) there shall be substituted—

“(d)

“(d) shall not authorise a person under the age of 21 years, before he has passed a test of competence to drive a motor bicycle,—

(i) to drive a motor bicycle without a side-car unless it is a learner motor bicycle (as defined in subsection (5) below) or its first use (as defined in regulations) occurred before 1st January 1982 and the cylinder capacity of its engine does not exceed 125 cubic centimetres, or

(ii) to drive a motor bicycle with a side-car unless its power to weight ratio is less than or equal to 0.16 kilowatts per kilogram,”and

(b)

(b) in paragraph (e), for “cycle” there shall be substituted “bicycle”.

(4) In subsection (3A)20, for the word “cycles”, in both places...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT